[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Page 53126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18771]



[[Page 53125]]

Vol. 85

Thursday,

No. 167

August 27, 2020

Part III





Department of Defense





-----------------------------------------------------------------------





General Services Administration





-----------------------------------------------------------------------





National Aeronautics and Space Administration





-----------------------------------------------------------------------





48 CFR Chapter 1, et al.





Federal Acquisition Regulations; Final Rules

  Federal Register / Vol. 85 , No. 167 / Thursday, August 27, 2020 / 
Rules and Regulations  

[[Page 53126]]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2020-0051, Sequence No. 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2020-09; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of an interim rule.

-----------------------------------------------------------------------

SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2020-09. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective date see the separate document, which follows.

FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2020-09, FAR case 2019-009.

                       Rule Listed in FAC 2020-09
------------------------------------------------------------------------
                        Subject                              FAR case
------------------------------------------------------------------------
Prohibition on Contracting with Entities Using Certain         2019-009
 Telecommunications and Video Surveillance Services or
 Equipment.............................................
------------------------------------------------------------------------


ADDRESSES: The FAC, including the SECG, is available via the internet 
at https://www.regulations.gov.

SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR case, refer to the 
specific subject set forth in the document following this summary. FAC 
2020-09 amends the FAR as follows:

Prohibition on Contracting With Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009)

    This second interim rule amends the Federal Acquisition Regulation 
to implement section 889(a)(1)(B) of the John S. McCain National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 
115-232). The first interim rule was published July 14, 2020.
    This rule reduces the information collection burden imposed on the 
public by making updates to the System for Award Management (SAM) to 
allow an offeror to represent annually, after conducting a reasonable 
inquiry, whether it uses covered telecommunications equipment or 
services, or any equipment, system, or service that uses covered 
telecommunications equipment or services. The burden to the public is 
reduced by allowing an offeror that responds ``does not'' in the annual 
representation at 52.204-26, Covered Telecommunications Equipment or 
Services--Representation, or in paragraph (v)(2)(ii) of 52.212-3, 
Offeror Representations and Certifications--Commercial Items, to skip 
the offer-by-offer representation for paragraph (d)(2) within the 
provision at 52.204-24, Representation Regarding Certain 
Telecommunications and Video Surveillance Services or Equipment. The 
provision at 52.204-26 requires that offerors review SAM prior to 
completing their required representations.
    This rule applies to all acquisitions, including acquisitions at or 
below the simplified acquisition threshold and to acquisitions of 
commercial items, including commercially available off-the-shelf items. 
It may have a significant economic impact on a substantial number of 
small entities.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2020-09 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2020-09 is 
effective August 27, 2020 except for FAR Case 2019-009, which is 
effective October 26, 2020.

Kim Herrington,
Acting Principal Director, Defense Pricing and Contracting, Department 
of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.
William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National 
Aeronautics and Space Administration.
[FR Doc. 2020-18771 Filed 8-26-20; 8:45 am]
BILLING CODE 6820-EP-P